Legal Question in Civil Rights Law in South Africa

Hi Arent, the photograph is used on their cover sheets which gets used for clients documents and then sent to clients, just to make the delivery "formal". I think the photograph was taken by his company and to my knowledge i dont think he gave his consent. I suppose agreeing to pose for the picture is some sort of consent.


Asked on 5/31/11, 9:30 pm

1 Answer from Attorneys
Arent Lievens Advocates Lievens & Lievens

Hello,

So I gather the company using the photograph is the company where your father used to work ?

Have you tried contacting them ?

In the circumstances (from what I gather in your questions), you can demand from the company to stop using the photograph. They did have the permission from your father implicitly (because he posed for it, and didn't object to the printing) as long as he was alive.

From the day your father deceased, the permission must come from the heirs (sons, daughters, wife, etc.).

Talking to the company, and coming to a practical agreement seems the best way.

Kind regards,

Arent Lievens

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Answered on 6/01/11, 2:55 am


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